Plaintiff Aeritas, LLC ("Aeritas") filed a complaint on October 13, 2011, alleginginfringement
U.S. Patent Nos. 7,933,589 ("the '589 patent") and 7,209,903 ("the '903patent") by Alaska Air Group, Inc. ("AAG").
answer, AAG moved to dismiss the complaint. (D.
response, Aeritas filed a firstamended complaint, mooting AAG's motion. (0.1. 10) AAG moved to dismiss the firstamended complaint on January 20, 2012.
13) For the reasons that follow, thecourt grants
part and denies
part AAG's motion.
its original complaint, Aeritas alleged that AAG is "directly and/or jointlyinfringing, and indirectly infringing by way
inducing infringement and/or contributing tothe infringement"
12) Aside from the foregoinggeneric allegation, joint infringement was not separately described. Aeritas alsopleaded that, "[t]o the extent that facts learned
discovery show that [AAG's]infringement
the [patents-in-suit] was willful, Aeritas reserves the right to requestsuch a finding at [the] time
13)Three months later, Aeritas amended the complaint. The amended complaintasserts that AAG has "knowingly contributed to the infringement, and continues tocontribute to the infringement
one or more claims
the [patents-in-suit] by offeringits products to its customers," i.e., "by offering to its customers use
its mobilesoftware, which constitutes a material part
the invention and is not a staple article orcommodity
commerce suitable for substantial noninfringing use." (D.
Case 1:11-cv-00967-SLR Document 43 Filed 09/28/12 Page 2 of 10 PageID #: 299